Report On Eurojusts Casework In The Field Of The European Investigation Order
Download Report On Eurojusts Casework In The Field Of The European Investigation Order full books in PDF, epub, and Kindle. Read online free Report On Eurojusts Casework In The Field Of The European Investigation Order ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
| Author | : Maria Angela Biasiotti |
| Publisher | : Springer Nature |
| Total Pages | : 207 |
| Release | : 2023-09-04 |
| Genre | : Law |
| ISBN | : 303131686X |
In the era of globalisation, cross-border crimes are becoming increasingly common. The nature of these crimes is complex, and cross-border evidence exchange is, therefore, crucial to the successful prosecution of these offences. The exchange of evidence between countries can provide invaluable assistance in solving crimes that have an international dimension. The European Investigation Order (EIO) allows judicial authorities to request evidence more quickly and easily than via traditional instruments. The EIO has become the primary legal tool for gathering trans-border evidence, replacing the traditional Mutual Legal Assistance (MLA) conventions previously used. However, the EIO is not the only pertinent legal instrument for cross-border evidence gathering within the EU. Accordingly, professionals need a clear understanding of this subject. Exchanging evidence among judicial authorities in the EU Member States presupposes two essential components. First, there must be a secure communication channel. This is provided by e-CODEX, which offers a European digital infrastructure for secure cross-border communication in the field of justice. Recently (May 30th, 2022), the e-CODEX system became the digital backbone of EU judicial cooperation in civil and criminal matters on the basis of Regulation 2022/850. To achieve effective evidence exchange via EIO/MLA legal instruments, there must also be a communication tool. This is provided by the e-Evidence Digital Exchange System, which is capable of managing any EIO/MLA procedures/instruments, from the e-Forms (EIO Annexes) to the whole business logic, on the basis of the e-CODEX system. Finally, it is essential to use a uniform standard for the representation of evidence data and metadata, so as to streamline the process and make investigations more effective, in particular when it comes to complicated criminal cases where it is key to find either correlations among different cases or to extract multiple types of data from the same inspection. The importance of cross-border evidence exchange in criminal matters cannot be overstated. This book addresses all the above-mentioned aspects, offering an up-to-date overview of scenarios in cross-border judicial cooperation from both juridical and technical standpoints.
| Author | : Lorena Bachmaier Winter |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 268 |
| Release | : 2024-05-16 |
| Genre | : Law |
| ISBN | : 1509972005 |
This book provides a systematic and analytical account of the problems facing transnational criminal justice. It details actual problems arising in the transnational prosecution of crimes; assesses existing obstacles on admissibility of evidence; in particular with regard to electronic evidence, assesses the impact that the impediment of free circulation of evidence has on fundamental rights of the defendants facing criminal trial; and finally drafts a proposal for the future of regulation for this complex topic. The book therefore contributes to the debate on the creation of an Area of Freedom, Security and Justice in the EU. It offers insights on how to outline the main general rules that could be adopted at EU level in a manner that adequately balances the need for efficiency in prosecution and the protection of human rights. With contributions of renowned experts in the field, the book addresses the discussion of a potential legislative proposal with the help of insight into the experience and conceptual context of the rules of evidence at the national level. The legislative proposal was adopted by the European Law Institute, who supported the work reflected in this book.
| Author | : Kai Ambos |
| Publisher | : Cambridge University Press |
| Total Pages | : 527 |
| Release | : 2023-02-28 |
| Genre | : Law |
| ISBN | : 1108835198 |
Offers a straightforward, comprehensive and up-to-date picture of the state of affairs in European Criminal Law.
| Author | : Luisa Marin |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 550 |
| Release | : 2020-11-26 |
| Genre | : Law |
| ISBN | : 1509926887 |
The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike.
| Author | : Alejandro Hernández López |
| Publisher | : Springer Nature |
| Total Pages | : 231 |
| Release | : 2022-11-21 |
| Genre | : Law |
| ISBN | : 3031156919 |
Framework Decision 2009/948/JHA on the prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings established an ad hoc procedure for settling conflicts of criminal jurisdiction based on the mutual exchange of information and the establishment of direct consultations between the competent authorities with a view to reaching consensus on an effective solution. However, neither common legally binding criteria for deciding the best jurisdiction nor specific rules for the transfer of proceedings (which can occur after parallel proceedings have been identified) were established in this instrument, or in any other instrument adopted by the EU to date. This book analyses the current EU legal framework on conflicts of jurisdiction and transfer of criminal proceedings, paying special attention to its numerous shortcomings and loopholes from a fundamental rights and due process of law perspective. The book begins with an assessment of the various principles and grounds used by Member States for claiming criminal jurisdiction. Secondly, de lege lata EU procedure on the settlement of conflicts of criminal jurisdiction, as well as its implementation in Spain and Italy, are thoroughly examined. After discussing the main principles and fundamental rights at stake, the author proposes two alternative and original de lege ferenda models for the prevention and settlement of conflicts of criminal jurisdiction and transfer of criminal proceedings, exploring the different possibilities offered by the EU’s primary law.
| Author | : Steve Peers |
| Publisher | : Oxford University Press |
| Total Pages | : 561 |
| Release | : 2023-10-26 |
| Genre | : Law |
| ISBN | : 0198894929 |
EU Criminal Law, Policing, and Civil Law offers comprehensive coverage and expert analysis of every facet of EU Justice and Home Affairs Law concerning policing, criminal law, and cross-border civil cooperation. Fully updated to include the latest legislation and case law, this volume includes discussion of Europol, Eurojust, the European Public Prosecutor, fair trials laws, the European Arrest Warrant, the European Investigation Order, transfer of prisoners, EU rules on double jeopardy, exchange of policing information, interception of telecoms, and cross-border cooperation on civil cases. It also fully explains the EU's relationship with the UK in this field after Brexit, as well as the EU's arrangements with other non-EU countries. Steve Peers' seminal text, EU Justice and Home Affairs Law, appears in its fifth edition and is available in two separate volumes covering asylum and immigration law and criminal law, policing, and civil law. This edition is the definitive guide to these intricate, contentious, and fast-developing areas of EU law, and will be invaluable to scholars, practitioners, and students in the field.
| Author | : Valsamis Mitsilegas |
| Publisher | : BRILL |
| Total Pages | : 160 |
| Release | : 2017-02-06 |
| Genre | : Law |
| ISBN | : 9004341552 |
The last decades have witnessed a growing emphasis on the relationship between environmental law and criminal law. Legislation aimed at tackling environmental crime has been adopted at national, EU, and international level and has been gradually evolving over time. These developments notwithstanding, the current legal framework faces a number of challenges in tackling the largely inter-related phenomena of transnational, organised and economic environmental crime. This study by Valsamis Mitsilegas and Fabio Giuffrida addresses these challenges by focusing on the role of the European Union- and more specifically its criminal justice agencies (Europol and Eurojust)- in tackling transnational environmental crime. The study analyses the role of Eurojust and Europol in supporting and coordinating the competent national authorities dealing with investigations and/or prosecutions on transnational environmental crime, and it shows that, for the time being, the full potential of these agencies is not adequately exploited with regard to fighting this phenomenon effectively
| Author | : Miroslava Scholten |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 361 |
| Release | : 2020-05-29 |
| Genre | : Law |
| ISBN | : 1789905427 |
Controlling EU Agencies launches the debate on how to build a comprehensive system of controls in light of the ongoing trends of agencification and Europeanisation of the executive in the EU.
| Author | : Teresa Quintel |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 283 |
| Release | : 2022-11-17 |
| Genre | : Law |
| ISBN | : 1509959645 |
This book assesses data protection rules that are applicable to the processing of personal data in a law enforcement context. It offers the first extensive analysis of the LED and Regulation (EU) 2018/1725. It illustrates the challenges arising from the unclear delineation between the different data protection instruments at both national and EU level. Taking a practical approach, it exemplifies situations where the application of data protection instruments could give rise to a lowering of data protection standards where the data protection rules applicable in the law enforcement context are interpreted broadly. The scope of data protection instruments applied by law enforcement authorities impacts processing for purposes of border control, migration management and asylum because there is an unclear delineation between the different data protection instruments.
| Author | : Boz, Zeynep |
| Publisher | : UNESCO Publishing |
| Total Pages | : 116 |
| Release | : 2018-12-31 |
| Genre | : |
| ISBN | : 9231002899 |
